PART 4Competition Reform

CHAPTER 2Markets

Cross-market investigations

33Power of CMA to make cross-market references

(1)

Section 131 of the 2002 Act (power to make market investigation references) is amended as follows.

(2)

After subsection (2) insert—

“(2A)

In a case where the feature or each of the features concerned falls within subsection (2)(b) or (c), a reference under subsection (1) may be made in relation to more than one market in the United Kingdom for goods or services.”

(3)

In subsection (4)(a), for “section 156(1)” substitute “ section 156(A1) or (1) ”.

(4)

In subsection (6)—

(a)

before the definition of “market in the United Kingdom” insert—

““cross-market reference” means a reference under this section which falls within subsection (2A) or a reference under section 132 which falls within subsection (3A) of that section (and see section 140A);”, and

(b)

after the definition of “market investigation reference” insert—

““ordinary reference” means a reference under this section or section 132 which is not a cross-market reference (and see section 140A);”.